Terms
Welcome! Please read carefully the following Terms of Use (“Terms of Use”) before using this website, as these Terms of Use describe your rights and responsibilities and the conditions under which this website can be used.
Primland, Ltd. (“we,” “us” or “Primland”) maintains this website (“The Site”). “The Site” refers to, and these Terms of Use apply to the following website: primlandsportingclub.com
By your use, continued use, browsing or viewing of The Site, you agree to these Terms of Use, which govern your use of The Site. Also, by your actions to register, to take steps that cause the creation for you of an account on The Site, to click an “I agree” or similar button when creating an account, booking a reservation, or purchasing a Product or service through The Site, to access or to log onto a membership, registration, subscription or account for The Site, you agree to these Terms of Use. The Terms of Use are a binding contract between you and us. If you do not accept and agree with all of the Terms of Use without modification, you are not authorized to access or use The Site for any purpose.
Should you make a purchase, for example of a subscription or a Webinar, through The Site, you agree not only to these Terms of Use but also to any applicable purchase agreement or other sales terms of which this Site gives you notice.
You must be 18 years or older to use The Site or to make a purchase.
You represent that you have read and agree to abide by these Terms of Use.
You are encouraged to use and enjoy The Site, subject to these Terms of Use.
Read and Agreed. You represent that you have read and agree to abide by the Terms of Use for The Site, as well as any other terms, disclaimers or policies set forth on The Site.
Modifications to Terms of Use. We reserve the right to modify at any time, without giving you prior notice, the Terms of Use, as well as any other terms, disclaimers or policies set forth on The Site. Your use or continued use of The Site following any such modification constitutes your agreement to follow and be bound by such things as modified. For this reason, we encourage you to review the Terms of Use for The Site, as well as any other terms, disclaimers or policies set forth on The Site whenever you use The Site.
Specific Terms for Portions of The Site. One or more activities on or portions of The Site may have its own, additional or more specific terms and conditions, disclaimers and/or terms of use (“Portion Specific Provisions”). In the event of a conflict between any portion of these Terms of Use and any part of Portion Specific Provisions, then the Portion Specific Provisions control for that specific portion of The Site. Making reservations or on-line purchases, for example and without limitation, may be subject to sales, shipping and returns policies that may be set forth in other places on The Site besides in these Terms of Use. As other examples, we may, from time to time, offer and/or co-sponsor polls, contest, sweepstakes, raffles, promotions and games on The Site, each of which may be governed by specific rules accessible from pages of The Site offering the activity. By participating in any such activities, you will become subject to those rules. We urge you to read carefully any applicable rules, terms, disclaimers and conditions, and also to review our Privacy Policy, which, in addition to these Terms of Use, govern such activities and information you may submit. These Terms of Use incorporate by reference those other additional rules, terms, disclaimers, conditions, and Privacy Policy; and those additional rules, terms, disclaimers, conditions, and Privacy Policy incorporate these Terms of Use.
The Site, Products, Webinars and Subscriptions
Free. Browsing and viewing of many portions of The Site is currently free to all Users. As used herein, a “User” means anyone who browses and views The Site, whether or not such person creates an account. We reserve the right to charge for access to The Site or other services in the future. In such event, we will notify you in advance, and give you an opportunity to subscribe to access to The Site or other services. We reserve the right to modify any features of this access to The Site or other services at any time.
Products. “Products” means anything that is sold, offered or available through The Site, including without limitation, reservations, bookings and tangible products. You agree that any requested information you provide to us in connection with any reservation you book, or other products or services you order, will be current, updated, complete and accurate.
Pricing. We reserve the right to change, increase or decrease fees or rates from time to time and prior to any booking by you. Prices and offers are subject to change without notice. All shipping and handling charges are non-refundable. Purchasers are responsible for all sales tax, tariffs, duties and fees.
Responsibility. You agree to pay all charges that may be incurred by you, through your account, or on your behalf through The Site, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your purchases through the Site.
Discontinuation. We may change, suspend or discontinue any aspect of The Site at any time, including without limitation, the availability of any feature, database, content, or Subscriptions. We may also impose limits on certain features and services or restrict access to parts of or all of The Site without notice or liability.
Security/Encryption. The Site takes precautions to protect your personally identifiable information. When you transmit credit card information, it is encrypted during transfer via SSL (Secure Socket Layer).
While our goal is to operate a 100% error-free and secure site, we do not guarantee that The Site is accurate, complete or free from unauthorized access. To help prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.
Content – Ownership & Use
Content. The Site may have several types of content (“Content”).
Third Party Content. Content that a third party provides to Primland for inclusion on The Site, whether through a Submission or otherwise, is known in these Terms of Use as “Third Party Content.” Third Party Content is discussed below.
Our Content. Everything else, including all other Content provided by us, The Site itself, Trademarks, blogs, text, photographs, graphics, video, audio content, information, data, software, graphs, videos, typefaces, sounds, brands, the design, layout, look and appearance of the Site and other material, whether in the form shown on The Site or in other forms, media, technologies existing now or hereinafter developed is known herein as “Our Content.” Our Content can include items which were originally known as Submissions and which have subsequently become owned by Primland.
Trademarks. “PRIMLAND”, “ABOVE AND BEYOND” and the Leaf/Feather design are registered U.S. trademarks of Primland. These and other brands that have been or may be adopted by Primland are known in these Terms of Use as the “Trademarks.” You agree that Primland owns the Trademarks and that you will not use the Trademarks in any way.
Ownership of Our Content. All of Our Content published on The Site is protected by copyright, trademark or other laws, and is owned or controlled by Primland. Third Party Content may also be protected by copyright or other laws, and owned or controlled by the party credited as the provider of the content, software, or other materials. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through The Site.
Ownership of Products. You agree that all rights to Products offered by Primland through the Site are owned exclusively by Primland. Except to the extent you are permitted to view a Product through The Site, you are not permitted to and you agree not to use, copy, distribute, sell, offer, license, market, reverse engineer, disassemble, decompile, crack, break into, hack, affect, or view any Product, any software on or available through The Site, or any part thereof, in any way. You further agree that you will not create or attempt to create your own material that mimics, replicates or re-creates a Product or a substantially similar or an equivalent Product, or that is substantially similar.
Protection. The Site, Our Content and Products are also protected as and by copyrights, trademarks, patents or other proprietary rights and laws. The Site, Our Content and Products are copyrighted as one or more collective works and/or compilations pursuant to U.S. copyright laws, international conventions, and other copyright laws, and Primland owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of The Site, Our Content and Products. You may not copy, use, modify, publish, transmit, remove, delete, enter into a database, augment, add to, reproduce, create derivative works from, distribute, distribute over a network or as a service bureau, perform, display, transmit, frame, stream, market, participate in the transfer or sale, lease or rental of, or in any way exploit, any of The Site, Our Content and Products, in whole or in part, without our express prior written consent. Neither title nor intellectual property rights are transferred or granted to you by access to The Site.
Third-Party Content. The Site may include certain information provided by third-parties. Neither Primland nor the provider of Third Party content shall have any liability for any errors or delays in the substance, content, provision, or availability of Third Party Content, or for any actions taken in reliance thereon. Third Party Content may also be protected by copyright or other laws, and owned or controlled by the party credited as the provider of the content, software, or other materials.
Site Integrity. The Site has been specially designed for presentation of content in a unique format and appearance. We are concerned about the integrity of The Site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with The Site. Without limiting other provisions of these Terms of Use, neither you nor any third party shall make use of The Site or Content in any manner that constitutes an infringement or violation of our rights, including copyright, or that has not been authorized by us.
Copyright Notice. Copyright 2010 Primland, Ltd. All rights reserved.
Copyright Management Information. You agree that you will not remove, change or obscure any copyright or other notices for The Site, Content or anything from or involved with The Site.
Good Behavior
You must engage in good behavior when utilizing The Site. Rude, insensitive, illegal, malicious or petty behavior is not productive, is not good behavior and will not be condoned. Personal attacks, fraudulent behavior, the use of aliases, sock puppetry, and vandalism also are not productive, not good behavior and will not be condoned.
Your Use of The Site. You may use The Site only in legal fashion and in accordance with the Terms of Use. Unauthorized use of The Site may give to a claim for damages and/or be a criminal offense. You acknowledge that we have no obligation to monitor any aspect of The Site or the Content, and we assume no such obligation. We, however, reserve the right to monitor use of The Site to determine compliance with these Terms of Use. We also reserve the right to refuse to post, to modify, or to remove, in whole or in part, any Submissions, Content, information or material(s), that, in our sole discretion, is unacceptable, undesirable, inappropriate, uncivil, wrong, incomplete, in violation of these Terms of Use or otherwise should be removed, modified or not posted for any reason or no reason at all. We may also suspend, terminate and/or block anyone’s use of The Site, or any aspect of The Site, at any time in our sole discretion, for any reason or no reason at all.
No Duty to Police or Check
We undertake no duty or obligation to police, monitor, review or verify any aspect of Submissions or Third Party Content.
If you believe that you, your rights, intellectual property rights, or copyrights have been infringed, violated or defamed by Third Party Content or from anything on The Site, please contact us. We undertake no duty to comply with your request, but we have no tolerance for copyright infringement, libelous statements or other actions to violate rights.
No Warranties from Primland concerning The Site, Products or Content
All Content, services and products are provided “as is” and without any warranties or any sort. Without limitation, such things are NOT provided with any warranties as to their accuracy, commercial reasonability, condition, or non-infringement. Additional disclaimers are set forth below.
DISCLAIMERS & LIMITATIONS ON LIABILITY
DISCLAIMER. YOUR USE OF THE SITE and products IS AT YOUR OWN RISK. The SITE, OUR Content, products, and all materials and/OR SERVICES on the site or provided through the site ARE EACH provided “as is,” ON AN “AS AVAILABLE” BASIS, and without guarantees or warranties of any kind, either expressed or implied. Third PARTY content and submissions are PROVIDED BY others, who may or may not make other promises, guarantees or warranties, and we are not responsible for any such things. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACITES IN the site, CONTENT, INFORMATION, products, services OR OTHER MATERIALS AVAILABLE THROUGH THE SITE. WE ARE NOT RESPONSIBLe FOR THE AVAILABILITY OR substance OF THE content or OTHER SERVICES THAT MAY BE connected TO or associated with THE SITE. We, OUR affiliates and OTHER third party service providers hereby expressly disclaim all warranties, including any and all warranties, express and implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, TITLE, accuracy, timeliness, completeness, reliability, suitability, NON-INFRINGEMENT, and condition. We, OUR affiliates and OTHER third party service providers do not represent or warrant that access to the site will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that defects will be corrected, that no viruses will be transmitted on the site, or that the site or the server that makes it available are free of viruses or other harmful components. We, OUR affiliates and OTHER third party service providers do not warrant or make any representation regarding use, or the result of use, of the content or products in terms of accuracy, reliability, or otherwise. The content and prodcuts may include technical inaccuracies or typographical errors, and WE may make changes or improvements at any time. You, and not WE, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM your USE OF the SITE, products or the CONTENT. We, OUR affiliates and OTHER third party service providers MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT or products WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH things. ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM any wiki content, content or products THROUGH THE SITE SHALL NOT CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE, products, OR ANY CONTENT OR FUNCTION of the site, YOUR SOLE REMEDies is TO DISCONTINUE USING THE products or site. WE DO NOT ENDORSE ANY OF THE third party content AND WE DO NOT ENDORSE THE ACCURACY OF ANY OF such third party content.
Not Professional Advice. Content on the Site is not intended to be professional licensed advice. If you need specific advice (for example, medical, legal, financial or risk management), please contact a professional licensed by an appropriate governmental body.
Timeliness. The information on The Site, whether historical in nature or forward-looking, speaks only as of the time and date the information is posted on The Site, and we do not undertake any obligation to update such information after it is posted or to remove such information from The Site if it is not, or is no longer, accurate or complete. Investors, borrowers, and other persons should use The Site in the same manner as any other educational medium and should not rely on The Site to the exclusion of their own professional judgment. Information obtained by using The Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
Your Requirements. It shall be your own responsibility to ensure that any products, services or information available through The Site meet your specific requirements. You are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment and all internet access services needed for access to and use of The Site, and you are responsible for all charges related thereto.
Corrections. We reserve the right to correct any errors or omissions on The Site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to The Site, we do not guarantee or warrant that The Site or materials that may be downloaded from The Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on The Site and any materials available through The Site, you do so solely at your own risk.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, AFFILIATES, OWNERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF, THE USE OF, OR THE INABILITY TO USE, THE SITE, products, SERVICES, the Content, or any materials and/OR SERVICES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, OR INFORMATION AVAILABLE ON THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF WE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. YOU HEREBY AGREE TO RELEASE US, OUR AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIM WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WITHOUT LIMITING THE FOREGOING OR THAT WHICH APPEARS BELOW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR INDIRECTLY RELATED TO ILLEGAL CONDUCT OR ANY VIOLATION OF THESE TERMS OF USE BY YOU; AND YOU AGREE TO RELEASE US FOR ALL CLAIMS ARISING FROM OR RELATED IN ANY WAY TO ANY ILLEGAL CONDUCT OR ANY VIOLATION OF THESE TERMS OF USE BY YOU; AND YOU AGREE TO INDEMNIFY AND DEFEND US AS SET FORTH BELOW.
You Assume the Risk. To the extent permitted by law, you assume the risk of all use of The Site and the Content. As set forth below in these Terms of Use, you release us from all liability and you will indemnify and defend us.
Indemnity. You agree to indemnify and hold us, our subsidiaries, affiliates, parents, licensors, content providers, and service providers, and all of our/their employees, agents, officers, managers, directors, owners, shareholders, agents, and contractors (the “Indemnified Parties”) harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or done at your direction or request or from any illegal conduct by you, including without limitation any use of The Site, Products or any Content other than as expressly authorized in these Terms of Use or as may be expressly authorized in another agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized action, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your providing a Submission, violating any of these Terms of Use or using any Product or Content. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Use. In such event, you shall provide us with such cooperation as is reasonably requested by us and reimburse us all defense costs, including reasonable attorneys’ fees.
Miscellaneous
Links. You may not create a link to this website from another website or document without our prior written consent. From time to time, The Site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse or have an association with the linked website(s). We have no responsibility for the content of the linked website(s).
Copyright Agent. We respect the intellectual property rights of others, and require that the people who use The Site do the same. If you believe that your work has been copied on the Site or by us in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: your address, telephone number, and e-mail address; a description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Copyright Agent: Donald Brassell, 2000 Busted Rock Road, Meadows of Dan, VA 24120, 276-222-3800. This contact information is only for suspected infringement. Contact information for other matters may be provided elsewhere on this site.
Applicable Laws. We control and operate The Site from our offices in the United States of America. We do not represent that materials on The Site are appropriate or available for use in other locations. Persons who choose to access The Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Terms of Use and the relationship between you and us shall be governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. You and we agree that any cause of action that may arise under these Terms of Use shall be commenced and be heard in the appropriate court in the Commonwealth of Virginia. You and we each agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Virginia and waive any defenses to the assertion of jurisdiction by or venue in these courts. To the extent allowed by law, you agree that the exclusive jurisdiction for any cause of action that may arise under the Terms of Use or that may relate to The Site shall be an appropriate court, federal or state, in Virginia. Any failure by us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action of yours arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Breaches of Security. We are not responsible for any breach of security caused by third parties or for any actions of any third parties that receive the information. We also may allow to be displayed on The Site advertisements of third parties. We are not responsible for such third party’s privacy policies or how they treat information about their users.
Legal Subpoenas. We may disclose personal information if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of The Site; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
Should you have other questions or concerns about these Terms of Use, please call us at 866.960.7746 or send us an email at info@aubergeresorts.com.
The Site is operated by:
Primland, Ltd.
2000 Busted Rock Rd.
Meadows of Dan, VA 24120
Last updated: 7/9/10
© 2010 Primland, Ltd. All rights reserved.
